Article 370- Simply Explained What is Article 370 and 35A in Jammu & Kashmir

Article 370 Ever since our Home Minister Amit Shah has announced the complete removal of Article 370 and Article 35A throughout India, since then only this thing is being discussed completely. This was not an AAP announcement but it was a historical announcement that was taken on 5 August 2019.

But now the question arises that after all why Article 370 has so much importance. If you also want to know about this topic, then first you have to understand this article 370 in a good way. Because without understanding it you can never know about its importance.

By the way, for your information, let me tell you that Article 370 provided some special rights to the state of Jammu and Kashmir. But why was it, who had applied it, if you want to know the answers to many such questions, then you will have to read this article today completely, which will erase all the small and big questions arising in your mind. So let’s start without delay.

What is Article 370? (Dhara 370 Kya Hai Hindi)

Article 370 is a very special article that if applied to a state, then it provides a lot of facilities to that state and its base there. This gives them a special status that is not granted to other states.

In this article, it has been clearly shown that if it ever applies to a state, then only the defense, foreign affairs and all matters of communication of that state are edited by the central government, while all the others There is no central emphasis on things. Everything else is decided by their state government.

History of section 370

Due to article 370, Jammu Kashmir had its own constitution and its administration was run by its state government and not according to the constitution of India. Article 370 was implemented from 17 November 1952.

This article allows the state legislature to make its own constitution, giving it “autonomous state” power. At the same time, it can make many laws of its own, for which they do not even need to consult the central government. Not only this, even the Supreme Court’s article 370, no rule is applicable even on an empowered state. Like this, there are two constitutions and two tricolors under one nation.

How long was article 370 implemented?

Article 370 was implemented from 17 November 1952.

Why was Article 370 brought?

If you want to know why Article 370 was brought. Then for this we have to turn the pages of history a little.

This is also the case when Jammu and Kashmir also became independent on August 15, 1947 after India gained independence. Then Lord Mountbatten, the first Governor of India, gave this concession to all the princely states that if they wish, they can join with India or maintain their own independent state. Now that ordinary Jammu and Kashmir King Hari Singh first refused to meet India and he wanted to keep his princely state as an independent state.

On this matter, Pakistan saw a great opportunity to take over Kashmir, for which on 20 October 1947, the Pakistan-backed ‘Azad Kashmir Army’, along with the Pakistani Army, invaded Kashmir and as a result took a large part.

In this situation, Maharaja Hari Singh sought help from India to protect Jammu and Kashmir. But India also kept some of its cool to help them. He, along with Jawaharlal Nehru, with the consent of Shaikh Abdullah, announced a temporary merger of Jammu & Kashmir with India on 26 October 1947 and signed “Instruments of Accession of Jammu & Kashmir to India”.

Under this new agreement, Jammu and Kashmir was given a special power. Here, Jammu and Kashmir was accorded a special status. At the same time, Jammu and Kashmir had been handed over to India only with three subjects: defense, foreign affairs and communication. At the same time, India could not sign any of their other matters.

After signing the agreement, the Government of India had given permission to the people of this state to form their own Constituent Assembly as per their promise.

At the same time, Article 370 was included in the Constitution of India with this commitment. In which it has been clearly stated that in respect of the state of Jammu and Kashmir, these provisions are only temporary.

Article 370 What rights and facilities did the citizens of Jammu and Kashmir provide?

Let us now know what rights and facilities Article 370 provides to the citizens of Jammu and Kashmir.

1. According to this article, the central government cannot change its name, area and extent without the permission of the state government of Jammu and Kashmir.

2. While the central government can make laws for defense, foreign affairs and communications only, the central government has to take approval from the state to implement all the other laws.

3. Jammu & Kashmir has its own constitution and its administration is run according to it and not according to the constitution of India.

4. Jammu & Kashmir has 2 flags. A Kashmir has its own national flag and the tricolor flag of India is the national flag here.

5. Citizens of other states of India cannot buy property of any kind in this state.

6. People of Kashmir have dual citizenship; One from Kashmir and the other from India.

7. If a Kashmiri woman marries an Indian, her Kashmiri citizenship ends there but if she marries a Pakistani then her Kashmiri citizenship does not matter.

8. Not only this, if a Pakistani boy marries a Kashmiri girl, he gets Indian citizenship on his own.

9. Generally, it is a rule that if someone takes citizenship of another country except Indian citizenship, then their Indian citizenship ends there.

But when a resident of Jammu and Kashmir goes to Pakistan and if he ever comes back to Jammu and Kashmir, then he gets the citizenship of India again.

10. Insulting the national symbols (national anthem, national flag etc.) of India in Jammu and Kashmir does not come under the category of crime.

11. The center here due to article 370; No law like financial emergency (Article 360) can be imposed on the state.

12. Any amendment to the Constitution of India does not automatically apply to Jammu and Kashmir unless it is allowed to be implemented by special order of the President.

13. In the government jobs of this state, only the permanent citizen of this state can be selected, while in addition to this the scholarship of the state is also available to the local people here.

Here the facts mentioned above make it clear that Jammu and Kashmir is a state of the Indian Union but the people of this state have been given some special rights which are not given to other states of India.

When was Article 370 removed?

Article 370 and Article 35A were completely abolished by the central government on Monday (6 August 2019) from the Indian Constitution. At the same time, Jammu and Kashmir has been divided into two parts.

In this, both Jammu and Kashmir and Laddakh have been made a union territory. The resolution to remove Article 370 was introduced in the Rajya Sabha by Union Home Minister Amit Shah. With this, the status of being a special state of Jammu and Kashmir also ends there. It will also be like the rest of the union territory.

What effect will this have on Jammu and Kashmir if Article 370 is removed?

There will be a worry in the minds of many people that with the removal of Article 370, what will be its effect on Jammu and Kashmir. Let us get some information in this subject.

– Jammu and Kashmir will not get the status of the special state that was earlier received.

Now citizens of other states of India will also be able to buy land in Jammu and Kashmir without any problem.

– Now, investment from all over India will also increase in Jammu and Kashmir. Which was not possible at first because of their state government rules.

– Now the women of this place can settle with the boys of other states, in such a situation that their citizenship or property will not end.

– A separate state constitution will no longer run in Jammu and Kashmir.

– In Jammu and Kashmir, now the same flag will be hoisted, which will be the tricolor.

– Now, Kashmiri Pandits expelled from Kashmir will be able to return easily.

– The laws which are applicable in the whole of India, now the same laws will also be applicable in Jammu and Kashmir.

– The center will now have complete control of law and order in Jammu and Kashmir.

– In Jammu and Kashmir, now the state government will work in the same way that Delhi operates in the state.

– Insulting the national symbols of India will be considered a crime.

Here, if outside companies invest their money, then many employment opportunities will increase here.

Now, the benefit of every scheme run by the central government will be easily accessible to the local citizens.

What did you learn today

I hope you have liked this article, what is Article 370 (What is Article 370 in Hindi). It has always been my endeavor to provide complete information about the meaning of Article 370 to the readers, so that they do not have to search in other sites or internet in the context of that article. This will also save their time and they will also get all the information in one place.

If you have any doubts about this article or you want that there should be some improvement in it, then for this you can write down comments.

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